In re Caliguri
Mar
16
2010
Ruling
Second lien could not be avoided in no-asset case where creditor had not filed a proof of claim.
Procedural posture
A chapter 7 bankruptcy debtor's real property was collateral for both first and second priority mortgages, and the debtor moved to avoid the second mortgage lien pursuant to 11 U.S.C.S. § 506(d) on the ground that the lien was wholly under-secured.
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Court
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